Blog Post

Understanding Workers' Compensation and Third Party Claims in Arizona

The landscape of workers' compensation can often be confusing and complex, especially when third parties are introduced into the equation. In Arizona, while workers' compensation primarily focuses on the worker, employer, and the insurer, there are situations where other entities might come into play.

The Basics of Workers’ Compensation in Arizona

Typically, when a worker sustains an injury on the job, the primary entities involved in the compensation claim are the worker, their employer, and the employer's insurance provider. However, there's a common misconception that workers can only claim compensation from these entities. In reality, situations may arise where a third party, who is neither a co-worker nor an employer, might be responsible for the injury.

The Role of Third Parties

In Arizona, it's essential to understand that you cannot sue your employer or a co-worker for an injury at the workplace. However, if an external third party is responsible for your injury, you can bring a civil suit against them. This is crucial when the workers' compensation provided by the employer or insurer is inadequate to cover the damages sustained.

Key Points to Consider in Third Party Claims

• Deadline to File your Claim: Arizona law stipulates a one-year window within which a worker can file a claim against a third party. If this duration expires, the claim's right is transferred to the insurance provider. While there are scenarios where the claim might be re-assigned to you, it's imperative to initiate the claim within the stipulated timeframe.
• Notice to the Insurer: Any intent to bring a claim against a third party must be communicated to your insurance provider. It's essential to keep them in the loop regarding all developments, pleadings, and rulings in the case, as they have vested interests in the outcome.
• Settlement Procedures: If you decide to settle with the third party, obtaining written consent from the insurer is a must. Bypassing this step could jeopardize your workers' compensation entitlements, mainly because the insurance company holds lien rights on certain recovery aspects from the third party.
• Understanding Settlement Liens: Once a settlement is reached with the third party, the workers' compensation insurer may assert its lien rights. These rights typically cover compensation, surgical, medical, and hospital benefits. However, administrative expenses and Independent Medical Examinations (IME) are exempted from these liens.

Seeking Professional Guidance

While the points mentioned offer a basic understanding of third party claims in Arizona, the intricate web of rules governing workers' compensation necessitates professional legal expertise. An adept Arizona workers' compensation attorney can navigate these complexities and ensure that your rights are protected.

Contact Chuck Franklin Law Today

Facing complications with your workers' compensation or contemplating a third-party claim in Arizona? Reach out today. With an in-depth understanding of Arizona's workers' compensation laws, I am here to provide expert advice and guidance specific to your circumstances. Remember, comprehending the nuances of the law can make a world of difference in ensuring you receive the justice and compensation you deserve. Connect with me for clarity, guidance, and a path forward.